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HomeMy WebLinkAboutReso 91-446 - Approve & Authorize mayor to sign a 1st amended agreement between the COR & the Anderson-Cottonwood Irrigation Dist relating to construction of a new standpipe and plugging the pipeline between standpipe & parking lot of S Bonnyview Boat Ra RESOLUTION NO. 91-446 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN A FIRST AMENDED AGREEMENT BETWEEN THE CITY OF REDDING AND THE ANDERSON- COTTONWOOD IRRIGATION DISTRICT RELATING TO CONSTRUCTION OF A NEW STANDPIPE AND PLUGGING THE PIPELINE BETWEEN THE STANDPIPE AND PARKING LOT OF THE SOUTH BONNYVIEW BOAT RAMP. IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves the above-mentioned First Amended Agreement between the City of Redding and the Anderson-Cottonwood Irrigation District, a true copy of which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the Mayor of the City of Redding is hereby authorized and directed to sign said First Amended Agreement on behalf of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 15th day of October 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Bufftun, Fulton, Moss & Daid NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: done ABSTAIN: COUNCIL MEMBERS: None -- MIKE DAHL, Mayor City of Redding i ATTEST: FORM APPROVED: THEL A. NICHO Sr,gity Clerks R DALL A. HA ity Attorney D'� I FIRST AMENDED AGREEMENT This amended agreement is made and entered into this day of1991, by and between the City of Redding, a municipal corporation, hereinafter referred to as the "City" and the Anderson-Cottonwood Irrigation District, a political subdivision of the State of California, hereinafter referred to as the "District. " RECITALS WHEREAS, the City desires to build a boat ramp and related facilities (hereinafter referred to as the "facility" or "facilities" ) on property located adjacent to the Sacramento River, to the south of South Bonnyview Road, County of Shasta, State of California (hereinafter referred to as the "property" ) ; and WHEREAS, the facility is being built for the purpose of providing the public with access to the unique recreational and educational environment provided by the Sacramento River ecosystem; and WHEREAS, the property on which the facility is to be constructed is owned in fee simple title by the State of California; and WHEREAS, on November 15, 1988, the City entered into an agreement with the State of California, through the appropriate agencies thereof , to construct the facility on said property; and WHEREAS, the City will obtain all permits , licenses, and authorizations required by all state and local agencies with jurisdiction over the subject matter for the construction of the facility; and WHEREAS, the District utilizes a 48-inch diameter concrete pipeline (hereinafter referred to as the "pipeline" ) located on the property. The purpose of the pipeline is to supply irrigation water to properties located on the east side of the river; and WHEREAS, the pipeline is in such a state of disrepair that water from in the pipeline seeps to the surrounding area and to the surface; and WHEREAS, the condition caused by the seepage of the pipeline prevents the construction of an asphalt concrete surfaced parking lot over that area under which is located the pipeline. If the City were to construct asphalt concrete pavement over such area, the pavement would fail due to inadequate structural support and would have to be continually replaced should the pipeline continue to be used by District; and WHEREAS, the City desires to proceed with the project as expeditiously as possible because of the upcoming winter rains. To delay the project for the time period that would be required to repair or replace the pipeline would delay the project into said rainy season; and WHEREAS, the District is not currently supplying water to private property owners from the pipeline and does not anticipate supplying water utilizing the pipeline in the future; and WHEREAS, it is in the best interest of the City to commence the construction of the facilities as expeditiously as possible and 2 in the best interest of the District not to currently expend funds for the repair of said pipeline because of its non-use; and WHEREAS, the parties have previously entered into an agreement approved by the City Council of the City of Redding on October 1, 1991, regarding the subject matter contained herein and hereby desire to amend said agreement. NOW, THEREFORE, in consideration of the mutual advantages derived from entering into an agreement whereby the facilities are expeditiously constructed, it is hereby agreed as follows: CITY' S RESPONSIBILITIES 1 . The City shall construct at no cost to the District a standpipe in a location along the pipeline determined by an authorized representative of each party to this agreement and plug the pipeline between the standpipe and the parking lot. Should the District ever determine to supply irrigation waters to properties located on the east side of the Sacramento River, the City shall unplug the pipeline between the standpipe and the parking lot. Those portions of the parking lot overlying the pipeline or interfering with the operations of the District shall be removed, altered, repaired, or replaced by the City in order that the District may complete the necessary maintenance, repair, and/or replacement of the pipeline. 2 . Following any repair or replacement of the pipeline across the parking lot by the District, the City shall furnish and place aggregate base and asphalt concrete to resurface the trench caused by the repair or replacement operations. 3 . The City shall bear all costs of removing and replacing 3 the pavement overlying the pipeline and other work described in paragraphs 1 and 2, above. DISTRICT' S RESPONSIBILITIES 4. The District shall cooperate to the fullest extent in assisting the City in constructing the standpipe as expeditiously as possible, at no cost to the District. INDEMNITY 5 . Each of the parties hereto agree to indemnify and to hold the other harmless from and against all liability for personal injury and property damage when such injury or damage shall result from, arise out of, or be attributed to the negligent acts or omissions of the respective parties, officers, directors, employees, or agents while being employed in their normal course and scope of employment. NOTICE 6 . Any notice required under this agreement shall be given to the parties, at the addresses respectively indicated in this agreement, unless such addresses change by written notice to each person concerned, in which event the new address given shall be used for the sending of such notice. Any required notice shall be made by regular mail, properly addressed and postage paid. Notices shall be sent, as follows: ( a) City of Redding Attention: Department of Public Works 760 Parkview Avenue Redding, California 96001 (b) Anderson-Cottonwood Irrigation District 2810 Silver Street Anderson, California 96007-4297 4 TERM OF AGREEMENT 7 . This agreement shall continue in perpetuity until unless otherwise terminated as provided for herein. MODIFICATION 8. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. ENTIRE AGREEMENT 9 . This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. GOVERNING LAW 10. It is agreed this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California. ATTORNEY' S FEES 11 . Should legal action result from a breach or violation of any term of this First Amended Agreement, the prevailing party shall be entitled to reasonable attorney' s fees, which shall include any pre-litigation settlement attempts, including engineering costs and public agency personnel costs. 5 Dated: Mayor, City of Redding Dated: lJ ' Presided , Board of Directors Anderson-Cottonwood Irrigation District Dated: / Secretary, Board of Directors Anderson-Cottonwood Irrigation District APPROVED AS TO FORM: Randall A. Hays City Attorney PW\ACIDAGRE.AGR 6